From Aggravated Assault to Mayhem: A Legal Success Story

Recently, we had a client facing charges of aggravated assault, a serious offense with severe penalties. However, through careful negotiation and legal strategy, we were able to get the charge reduced to mayhem—a significant difference, despite some similarities between the two crimes.

Understanding the Difference Between Aggravated Assault and Mayhem

While both offenses involve causing harm, the penalties are drastically different. Aggravated assault can carry a prison sentence of up to 20 years. It’s classified as a violent crime, which has several implications:

• It eliminates the possibility of future expungement or non-adjudication probation.
• It requires defendants to serve a minimum of 50% of their sentence before becoming eligible for parole.

In contrast, mayhem is classified as a non-violent crime. This classification means:

• A sentence for mayhem requires a defendant to serve only 25% of the time before parole eligibility.
• There’s also the opportunity for future expungement and non-adjudication probation.

Legal Definitions

The statute for mayhem reads:

“Every person who, from premeditated design or with intent to kill or commit any felony, shall mutilate, disfigure, disable or destroy the tongue, eye, lip, nose, or any other limb or member of any person, shall be guilty of mayhem, and, on conviction thereof, shall be punished by imprisonment in the penitentiary not more than seven years or in the county jail not less than six months.”

The statute for aggravated assault states:

“A person is guilty of aggravated assault if he or she (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years.”

The Mississippi Supreme Court has held that mayhem is a lesser included offense of aggravated assault (Hoops v. State, 681 So.2d 521 (Miss. 1996)). This means that in certain cases, aggravated assault charges can be reduced to mayhem, resulting in lighter penalties.

Our Recent Case: A Success Story

In our client’s case, we successfully negotiated a reduction of the charge from aggravated assault to mayhem. This change allowed her to avoid jail time entirely, receiving instead a sentence of five years’ probation. Given the circumstances of her case, we were thrilled with this outcome.

Need Legal Help? Contact Us

Our office has handled hundreds of aggravated assault cases. If you are being investigated or charged with aggravated assault or any other serious crime, reach out to us. We’re here to help navigate your legal challenges and work toward the best possible outcome.